Romesh Thappar v. State of Madras

AIR 1950 Supreme Court 124Supreme Court of India1950Administrative Law, Constitutional Law I

Rule established

Art.32 is itself a fundamental right; the SC cannot refuse a writ petition where a fundamental right is infringed. Freedom of press is part of Art.19(1)(a).

Facts

Madras Government banned entry and circulation of "Cross Roads," a weekly journal published by Romesh Thappar
Ban imposed under Madras Maintenance of Public Order Act, 1949
Thappar directly approached SC under Art.32 challenging ban as violation of Art.19(1)(a)

Issue

Whether pre-constitutional State legislation banning a publication can be challenged directly under Art.32, and whether the ban violates Art.19(1)(a).

Held

Art.32 is itself a fundamental right; the right to constitutional remedies
SC cannot refuse jurisdiction when a fundamental right is prima facie infringed
Freedom of press is part of Art.19(1)(a); ban on circulation directly curtails it
Pre-constitutional law must also satisfy Part III requirements after Constitution comes into force
Ban struck down as violating Art.19(1)(a); not saved by Art.19(2)

Ratio Decidendi

Art.32 provides guaranteed access to the Supreme Court for enforcement of fundamental rights. It is not a discretionary remedy but a right in itself. When a citizen's fundamental right is threatened by executive action, the writ jurisdiction is the primary constitutional safeguard.

How to use it in an exam

Part A: Nature of Art.32 jurisdiction; Art.32 vs Art.226.
Part B: Freedom of press as integral to Art.19(1)(a).
Key line: "Art.32 is the cornerstone of the democratic edifice raised by the Constitution. The right to move the Supreme Court is itself a fundamental right."

Source

Source: Massey, Administrative Law; AIR 1950 SC 124

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Constitutional Law IArticle 19 Freedoms and Reasonable RestrictionsFreedom of press as part of Art.19(1)(a)

Constitutional Law IArticle 32 Right to Constitutional RemediesArt.32 is itself a fundamental right; guaranteed, not discretionary

Administrative LawWrits Habeas CorpusNature of writ jurisdiction; SC cannot refuse